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No statement from r...
 
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[Solved] No statement from respondent !!!!

 
(@Derby1)
Active Member Registered

First hearing arranged contact schedule between us of midweek contact and every other weekend, no nights yet due to age.
Dispute second hearing she contested after she thought I was in a new relationship, so she decided to say it wasn't working, when it's been fine.
Final hearing coming up

Statement deadline was today for the same day/time to submit to all parties. I have submitted mine to all, she hasn't after I spoke to court. She has no solicitor from what I know as she hasn't throughout.
Will she be allowed to still submit late?
What if she doesn't submit?

Thanks

Quote
Topic starter Posted : 18/11/2016 12:05 am
(@dadmod4)
Illustrious Member

I don't know the full procedures, but she can probably submit it late and the court will probably simply tell her off. It's up to the court what to do if she doesn't submit it at all, but she certainly won't be doing herself any favours with court.

ReplyQuote
Posted : 19/11/2016 3:07 pm
 Mojo
(@Mojo)
Illustrious Member Registered

This happens far too often, but as actd says courts do seem to overlook it. Strictly speaking if a evidence isn't filed on time the judge can refuse to allow it to be used in court.

It's a good idea to write to the court and inform them that you have not received the respondents statement, but you have submitted yours on time and ask for permission to respond to her statement when /if she submits it, as she will now have the opportunity to amend her statement in accordance with yours.

ReplyQuote
Posted : 19/11/2016 9:31 pm
Derby1 and Derby1 reacted
(@smallnanny)
Estimable Member Registered

We had the same when my son went to court, we did everything on time, respondent never did hers, she arrived on the day with huge pile of irrelevant papers. It got adjourned and she still never did her statement.
It doesn't look good if not obeying courts requests,(not filing statements) It is irrisponsible
My Son went on to win full custody of his Daughter
Good Luck

ReplyQuote
Posted : 25/11/2016 1:29 am
Derby1 and Derby1 reacted
(@misterm)
Eminent Member Registered

well done to your son!
its good to hear its not impossible after all the injustice you hear about dads and kids

ReplyQuote
Posted : 25/11/2016 3:07 am
 Mojo
(@Mojo)
Illustrious Member Registered

We have many successes here misterm...my son was also successful in gaining residence of his son, my grandson is safe and sound now...and flourishing. 🙂

ReplyQuote
Posted : 26/11/2016 12:58 am
Derby1, smallnanny, Derby1 and 1 people reacted
 Yoda
(@yoda)
Famed Member

Agree absolutely with mojo's advice above, do write to the court on that. As she's had yours, it puts her in the position of being able to respond to it.

ReplyQuote
Posted : 26/11/2016 1:05 am
Derby1 and Derby1 reacted
(@smallnanny)
Estimable Member Registered

wish any fathers all the luck in the world. It's not impossible, never give up what you feel is right x

ReplyQuote
Posted : 26/11/2016 10:34 pm
Mojo, Derby1, Mojo and 1 people reacted
(@Derby1)
Active Member Registered

Statement came through few days late all fabricated lies.
This week I had my final contested hearing, I was already having contact every Tuesday and Thursday and alternate weekends , no overnights due to 18 months old. She wanted all mid week contact stopped due to disrupting him, no holidays , no shared birthdays and Xmas , basically she wanted just alternate weekend contact.
Both unrepresented throughout first 2 hearings, so I turned up to my final hearing with a barrister. She went mad and was allowed a family member as a Mackenzie friend.
The magistrates heard both sides and dismissed all of her concerns, told us to negotiate and gave directions before we went to negotiate that week contact would remain and overnights would start as I suggested at the age of 2.
So we then went out and negotiated and I was awarded overnight on Tuesday Thursday week 1
And Tuesday Friday-Sunday week 2, shared bday and Xmas , 3weeks holidays to start in 2018. So I couldn't of got a better result , magistrates did not like how she was so anti printing contact with father at the start so pushed her into promoting and increasing the contact. My advice is be prepared throughout and read read read , I represented myself and did my own statement and decided I would only pay for barrister for the final hearing to give me best chance knowing full well she didn't have one. I now have the contact deserved to have a relationship with my son and I'm sure he will be proud of me doing so when he's older.

ReplyQuote
Topic starter Posted : 03/12/2016 1:29 am
Mojo and Mojo reacted
 Mojo
(@Mojo)
Illustrious Member Registered

That's absolutely fantastic...what a great result for you and your boy! He's still very young and won't remember this time in his life, with you fully involved in his future from now on, he is bound to flourish.

Well done and all the best for the future 🙂

ReplyQuote
Posted : 03/12/2016 2:50 am
Derby1 and Derby1 reacted
(@smallnanny)
Estimable Member Registered

Awesome news, hope you have a lovely Xmas

ReplyQuote
Posted : 12/12/2016 1:15 am
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